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Often parents who do not have custody of their child wonder if they can get copies of their children’s medical or school records, even if the other parent does not consent. It is not uncommon for a doctor or school to refuse to give school or medical records to the non-custodial parent. However, the law in South Carolina is clear. Unless otherwise ordered or in violation of State law, each parent has equal access and the same right to obtain all educational records and medical records of his or her minor children and the right to participate in the children’s school activities and extracurricular activities that are held in public locations. SECTION 63-15-260, S.C. Code of Laws
Is your child’s medical provider refusing to give you a copy of your child’s medical records just because you don’t have custody? If so, they may be violating South Carolina law. In South Carolina even if you do not have custody of your child, you are still entitled to access to your child’s medical records. South Carolina law says that each parent, whether the custodial or noncustodial parent of the child, has equal access and the same right to obtain all medical records of their minor children unless prohibited by order of the court. S.C. Code, Sc. 63-5-30. So, unless your family court order or other order prevents you from accessing your child’s medical records then you are definitely entitled to your child’s medical records.